Miss G Coombs v Beavers Worcester Ltd (In Creditors Voluntary Liquidation): 1302742/2021
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out.REASONS
[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint.[3]The claimant was employed by the respondent for less than two years.[4]Therefore the claimant is not entitled to bring such a complaint.[5]The claimant, by email dated 21 March 2022, has accepted that she has insufficient service to bring a complaint of unfair dismissal.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. ________________________ Employment Judge Faulkner Date: 27 May 2022[1]The Claim was listed for Final Hearing in person on 18 April 2023 at 10am as set out in the Notice of Hearing dated 23 September 2022.[2]The parties did not attend the previous hearing on 21 September 2022. Employment Judge Beck made Case Management Orders at that hearing which were sent to the parties on 23 September 2022, including that the Claimant should provide the Tribunal with information and supporting documentation regarding her claim by 23 November 2022. The Claimant did not provide this information to the Tribunal. The Case Management Orders set out that failure to comply and/or failure to attend the Final Hearing could result in the claim being dismissed.[3]The parties did not attend the Final Hearing. The clerk contacted the Claimant by telephone on the number set out on the Claimant’s ET1 Form. The telephone number appeared to be no longer in use. The Clerk contacted the Claimant by email asking her to contact the Tribunal urgently if she was intending to attend the hearing. No response was received.[4]It was not possible to properly determine the Claim without the information and supporting documentation the Tribunal ordered to be provided by the Claimant. Case No:1302742/2021[5]The Claimant’s claim was therefore struck out on the following grounds:• Non-attendance at the Final Hearing• Non-compliance with the Tribunal’s Orders dated 21 September 2022• It has not been actively pursued.